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The document discusses the common law duty of support between spouses, emphasizing that it is reciprocal and cannot be evaded through self-created financial hardship. It also addresses the ability of a spouse to obtain a divorce in South Africa despite religious restrictions, highlighting that civil law governs divorce proceedings and that evidence of marital breakdown, such as adultery, suffices for legal dissolution. Relevant case law and legislation, including the Divorce Act 70 of 1979, are referenced to support these points.

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10 views2 pages

PVL2601 Answers

The document discusses the common law duty of support between spouses, emphasizing that it is reciprocal and cannot be evaded through self-created financial hardship. It also addresses the ability of a spouse to obtain a divorce in South Africa despite religious restrictions, highlighting that civil law governs divorce proceedings and that evidence of marital breakdown, such as adultery, suffices for legal dissolution. Relevant case law and legislation, including the Divorce Act 70 of 1979, are referenced to support these points.

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ayandambatha52kanine
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We take content rights seriously. If you suspect this is your content, claim it here.
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Student Number: 68466838

Module Code: PVL2601

Assignment Number: 02

Question 1

(a)

At common law, spouses owe each other a duty of support once they are married. This must provide for
each other needs, such as food, shelter, clothing, medical expenses and general care. The dirty is based
on reciprocity, meaning each spouse must support the other according to their respective means and
circumstances (see Van Zyl v Van Zyl 1990 (1) SA 899 (T).

(b)

If Mr Z were to resign from his job, sell off his businesses and claim he cannot afford to support Ms X,
she would still be able to claim maintenance if she can prove that he deliberately made himself poorer to
escape his obligation. Our courts do not allow a spouse to rely on self-created financial hardship to avoid
the duty of support. In Beaumont v Beaumont 1987 (1) SA 967 (A) the court confirmed that a spouse
cannot evade support by internationally reducing their means.

(c)

The common-law duty of support ends automatically when the marriage relationship ends. This happen
either when one spouse dies or when the marriage is legally dissolved by divorce. The case of Glazer v
Glazer 1963 (4) SA 694 (A) illustrate this principle, as the court held that the duty of support flows from
the existence of valid marriage and terminate with its discussion

(d)

No.

Question 2

The problem here is whether Mrs Deli can obtain a divorce in a South African court even through her
region, Roman Catholicism, does not recognise divorce.

In terms of South African law, civil marriage and religious marriage are separate legal systems. The
Divorce Act 70 of 1979 governs the dissolution of of civil marriages, and it provides that the main
breakdown of the marriage (section 4). Evidence such as adultery or a spouse leaving the matrimonial
home can show that the marriage has broken down beyond repairs.

The court’s role is to apply South African law and not the rules of a particular faith. In S v S 1980 (1) SA
845 (0) the court held that religious beliefs cannot override the statutory grounds for divorce under the
divorce act. Therefore, even though Roman Catholic doctrine does not allow divorce or annulment, the
court can still grant a divorce if the marriage has irretrievably broken down.
Applying the law to the facts: Mr Deli committed adultery, which is strong proof that the marriage
relationship has collapsed. This satisfies the requirement of irretrievable breakdown under the Divorce
Act. Thus, Mrs Deli will succeed in getting a divorce in a civil court despite the restrictions of her faith.

References

• Legislation
Divorce Act 70 of 1979.
• Cases
Beaumont v Beaumont 1987 (1) SA 967 (A).
Glazer v Glazer 1963 (4) SA 694 (A). S v S 1980 (1) SA 845 (0).
Van Zyl Van Zyl 1990 (1) SA 899 (T).
• Textbook
Heaton, J. (2022). South African Family Law 5th ed. Cape Town: LexisNexis.
Cronje and Heaton Casebook on South African Family Law.

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